Divorce Frequently Asked Questions
In this divorce FAQ resource you will find the divorce related frequently asked questions that we receive most often, together with our detailed answers – Our answers are designed to help you get the best information about online divorce that we believe you may need.
If you cannot find the information you are looking for here, you can find more detailed information about divorce in our help and advice section.
What’s the best way to get Divorced?
All of our divorce services are designed to be as seamless and quick as possible. It does depend on how efficient the courts are and if you have to wait for your spouse to return papers etc.
But If you filed your divorce papers the next day after we send them to you, then you don’t have to send them back to us for us to file with the courts.
Therefore doing your own divorce with our DIY divorce services should be quicker and save you over £500.
Can you tell me the Divorce Process?
The divorce process for an undefended divorce is basically the same, regardless of the fact you are going to use.
There is a petition, that contains the reasons for the divorce and other essential information. This is filed with the court.
Your spouse then receives a copy of the petition and has to complete an acknowledgment form.
The petitioner then completes and files a statement of truth telling the court that they are ready to proceed to an interim decree ( decree nisi)
The judge then looks at the filed papers and makes a decision as to whether to grant the interim decree.
If the judge is satisfied, then 6 weeks and 1 day later the petitioner can apply for the final decree, the decree absolute.
For a more detailed overview of the divorce procedure go here.
Is it Legal to get a Divorce online?
Yes, it is 100% legal to get divorced online. As long as you have grounds for divorce and the divorce is uncontested, then we can help you get divorced, and save you over £500 compared to having a solicitor handle your divorce
How much is a Divorce in Scotland?
How much a divorce in Scotland costs depends on whether you are in agreement and whether you have children under 16 or are still in further education.
There will be a court filing fee payable of £95. It is also necessary for the application to be signed before a Justice of the Peace or Notary Public. Most Solicitors are Notary Publics in Scotland and will charge a fee that varies for this service.
If you have children under 16 then you have to use the ordinary procedure and this costs £199.
How to get a Divorce in Scotland?
Obtaining a divorce in Scotland, depends on how long you have been separated and whether you have children you will need to look at our simplified DIY divorce service, or our ordinary procedure Scottish divorce. Once you have ordered your Scottish divorce service, you will need to follow the instructions and on average it will take 8-12 weeks to divorce.
What is a Clean Break Consent Order?
A clean break consent order is the only way divorced parties can ensure that any agreement reached by each other is enforceable in law and that no further claims can be made against the other after the divorce has been made absolute.
Obtaining a consent order a vital part of any divorce if you want to secure your assets and finances after your divorce has been made absolute (ending of the marriage). It is advised that all couples obtain a consent order to make sure their financial settlement is in a binding court order, as claims can be made even after the divorce has been finalised if no consent order has been put in place.
My spouse and I have been separated for years and I don’t know where she is?
You cannot just get a divorce after 5 years. There still needs to be an attempt to serve the divorce papers so they have the opportunity to respond as anyone can say they have been separated for any period of time. We will help you get a quick and simple divorce on 5 years separation without needing to spend £200 an hour on a solicitor.
What the court needs is evidence you have tried your hardest to locate them or if they are UK-based you can apply for an order requiring HM revenue and Customs to hand over the address on their records to the court.
These are not the only options and it is best to speak to a divorce adviser about your individual circumstances on 01793 384 029.
Why should I get a separation agreement?
If you do not intend to obtain a divorce for some time then it may be advisable to obtain a separation agreement.
This document is effectively a contract between husband and wife and will enable you to put into effect any financial agreement you have reached as part of splitting your assets. The agreement can cover everything from selling your home to maintenance for children. It can even deal with where the children will live and how often the absent parent can see them, although most agreements tend to concentrate on the financial aspects of the divorce.
The idea behind these agreements is that if there is a dispute, the court have a written agreement they can refer to when considering a disputed divorce case.
You can order your separation agreement below for just £599, including VAT!
Are separation agreements legally binding?
No, a court has ultimate power to make any order it wants, but part of the checklist in a finance case is that the court must consider any prior agreement reached first.
If it considers that the agreement has been reached without duress or bias and that the parties have had legal advice, or are sufficiently intelligent to understand the implications of the document, then they tend to order that the agreement shall be upheld.
Does the Solicitor Managed Divorce include a Consent Order?
Yes, the solicitor managed divorce includes the preparation and any negotiation required to create a financial consent order for you to ensure that any agreement you reach with your spouse is carried out and that any future claims are dismissed.
Our solicitor will draft your agreement and send it to you for approval and signature.
You can order your solicitor-managed divorce below and save over £1,000.
Are the Solicitors regulated and experienced?
Our solicitors have over 20 years of post-qualification experience in divorce and family law matters.
Our solicitors have access to the online divorce portals for professionals so all proceedings can be filed electronically, drastically speeding up the process.
All our solicitors are regulated by the Solicitors Regulation Authority and subject to the jurisdiction of The Legal Ombudsman who can award compensation if you have been treated unfairly or to shoddy work.
They also have professional indemnity insurance to ensure that if they are negligent, you will be compensated.
Do I have to go to court if I order one of your Managed Services?
With a managed divorce and consent order service, 99% of people will never have to physically attend a court with service. On occasions, a judge may ask to physically see the parties when they have filed a consent order and the judge feels that the division of assets is too unfair.
They may then ask you to appear before them to explain why the parties feel, the settlement is fair.
How long does it take to draft a Consent Order?
A consent order can take up to 31 days to be drafted by our solicitor. Each consent order is drafted to your individual requirements, we do not use templates and we do not produce generic clean break documents.
We try to deal with each consent order in chronological order, some consent orders take longer than others due to their complexity.
We have a DIY and Managed consent order service, which just depends on how much work you would like to obtain your consent order.
Can I draft my own consent order?
No, unless you had legal training, you will not be able to draft your own consent order. There is no standard consent order form or template you can use as each consent order has to be individually drafted using specific clauses and precedents to reflect individual cases.
Unless you have access to these precedents it would be very difficult for an individual to draft an order that would be acceptable to a court.
What is the easiest way to contact you?
You can call Divorce-Online on 01793 384 029, use the contact forms, or call back buttons throughout the website or use our live chat facility which operates 24/7 and at weekends.
Once you have purchased a service you will get your own secure case portal where you can send and receive messages, store documents and track the progress of your case 24/7.
Our aim is to make it as easy as possible for you to communicate with us at all times.
If my Husband or Wife dies am I still married to them?
If we look back at our marriage vows especially “until death do you part” we can see that this is an indication that the marriage is ended on the point of death, so legally no you are no longer married and you become a widower.
If you are in the midst of divorce proceedings and your spouse dies the divorce will no longer continue. However, if your partner dies and there were finances to be sorted during the divorce proceedings then you should seek the advice of a solicitor as even if there was an agreement for a consent order if this was not finalised prior to your spouse death it is not legally binding and can only become legally binding at the point of the decree absolute which has not yet been attained.
So, legally you are no longer married and are free to remarry but there may still be issue in regards to any assets especially if your partner died intestate. Legally you will still be the next of kin as there has been no divorce or financial order extinguishing that right. Therefore, if your spouse has died during divorce proceedings you will need to notify the court and they will require proof (death certificate etc) and perhaps seek the assistance of a solicitor for legal advice on any outstanding assets left by your spouse.
Can I change the locks if we separate?
People who are married or in a civil partnership are not allowed to change the locks on their family home, if it has been, the main matrimonial home during the marriage or civil partnership. This is the case whether only one or both of you own or rent the home.
In these circumstances, neither party has the right to change of locks. You both have a legal right to be in the home and neither of you can exclude the other unless you have been to court and obtained a court order.
If one of you leaves the home of your own choice, the other partner still cannot change the locks until an agreement has been reached on the future of the home.
When can I remarry after a divorce?
Realistically, you can remarry any time after the Decree Absolute has been pronounced for your divorce. However it can take a couple of weeks for the court to actually send the decree absolute certificate to you, as a court manager needs to check the certificate is correct before it gets sent out, and they will usually do a pile of certificates rather than send them out individually.
We do advise that you do not book a wedding too near in the future (if you are planning to marry again after your divorce) as you could run the risk of not actually being divorced when your wedding is due to take place, thus meaning you cannot go ahead with the planned wedding as you are legally still married.
The best thing to do is wait until you have the decree absolute in your hand before booking another wedding.
This way you can be safe in the knowledge that you are divorced, and won’t be committing the criminal offense of bigamy by remarrying too early.
It is also important to get the divorce finances finalised before making any formal plans for a subsequent remarriage in the future, as remarriage can automatically exclude you from pursuing certain financial claims, such as for pension sharing.
Can you sue for adultery?
The answer very briefly is no you cannot sue for damages. You can ask them to pay your legal costs if you name them as co-respondent on the divorce petition.
Can I stop my divorce proceedings?
If one of you wants to divorce and the other does not, from a legal standpoint there is no way to stop a divorce once the wheels are in motion. Legally a marriage is a partnership contract, so one party cannot force the other party to remain in that partnership.
The Petitioner could stop the divorce proceedings but the Respondent cannot.
Am I already divorced?
If you have been separated for more than 5 years, they could have obtained a divorce without your consent if they could persuade the court that they could not find your address.
In order to find out if you have been divorced without your knowledge you will need to carry out a Decree Absolute search of the central records which are kept at the Family Division offices in London.
The result will determine if you are divorced already by providing a copy of the decree absolute or a nil result which means you are still married.